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  • Greencard for Father

    Hi,

    I am a US citizen and want to file for GC for my 83 years old father.
    He has been coming to stay in the states for 6 months for last few years.
    I would like to file I130 when he is in the US.
    I see the processing time is around 5 months and one of the links also said if the person you are filing for is already in the US you need to file form I485.

    Confusion is I485 instructions say you can not file for I485 until the priority dates are current.
    Looking at the visa bulletin - Family based category 1st has 2005 as a priority date.

    What does this mean?

    1) Do I need to file I130 only?
    2) Can we file for I485 even if the priority date is not current?
    3) Even if I130 gets approved in five months - does he need to leave the country before his visitor visa expires?
    4) If #3 is - yes, will he have any issues re-entering the country after couple of months?
    5) Is there any exceptions to the rule to get out of priority date - age/medical certificate that will allow me to file for I485?

    Thank you so much for your help.
    Last edited by poppyseeds; 04-27-2010, 02:00 PM.

  • #2
    Found answers

    Oh well, I see on your site:
    Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older. As there is no numerical limit on how many visas can be issued in these categories each year, qualified applicants don't have to spend time waiting for their priority date to become current (immigrant visa number to become available), once the petition is approved by the USCIS.

    So I guess I can apply for I130 and I485 concurrently.

    thanks.

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